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User’s Guide Commission on Human Rights Displacement Monitoring Tool

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Publication information Drafted by the CHR-UNHCR IDP Project Team and the CHR IDP Technical Working Group (2013 – 2015) Edited by the Center for Crisis, Conflict, and Humanitarian Protection (CCCHP) of the Human Rights Centers Management Office – Commission on Human Rights (2017) Published by the Commission on Human Rights © 2017

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In today’s world where armed conflict is a recurring reality in our societies, and environmental challenges – including climate change – continue to plague our communities, the need to prevent and protect people from arbitrary displacement, and provide durable solutions to them when they are displaced, is paramount. It is imperative if we are to protect and promote the human rights of all – especially those displaced from their homes due to natural disasters, as well as by the most severe conflicts and the grossest violations of human rights. This manual on monitoring the rights of internally displaced persons (IDPs) is thus a welcome addition to our toolkit that will aid us in the most crucial task. Based on the United Nations (UN) Guiding Principles on Internal Displacement (adopted in 1998 by the UN Commission on Human Rights) and other human rights instruments, this manual will not only guide us in monitoring those internally displaced, but will also facilitate greater cooperation and more meaningful engagement with State agencies in the protection and promotion of the rights of IDPs. The Philippines is no stranger to internal displacement. In fact, the country ranks among the top nations in Asia in terms of the prevalence of internal displacement, due to both natural disasters and human-made conflicts. This continuing internal displacement of our citizens is a significant challenge that we need to face head on. Our collective country experience on this has highlighted the most acute needs of the IDPs and emphasized the need for us to “build back better” after persistent episodes of enduring conflicts and perennial natural disasters. It is our hope that this manual contributes to the collective renewal of spirited and strategic actions for the promotion and protection of the rights of all internally displaced people.

The Commission on Human Rights expresses its warmest congratulations to the

authors of this manual and all those who helped in its production. We also extend our heartfelt thanks to the Spanish Agency for International Development Cooperation (AECID) and the UN High Commissioner for Refugees for their unflagging support. Dignidad ng lahat (Dignity of all)! Mabuhay!

HON. JOSE LUIS MARTIN C. GASCON Chairperson

Commission on Human Rights of the Philippines

* MESSAGE*

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In the past decades, we have seen conflicts, disasters, and exploitative development projects encroach upon our communities, leading to massive displacement of civilians who are in need of humanitarian assistance. As the human rights discourse evolve in view of the changing times mired by crises and conflict, government and non-government agencies and the stakeholders themselves are now seeing the need to promote and protect the rights of individuals and communities affected by these difficult circumstances. The Commission on Human Rights (CHR) is taking on this task of monitoring the protection and promotion of the human rights of crisis- and conflict-affected populations, particularly the internally displaced persons (IDPs), as undertaken by government and non-government humanitarian service providers through the CHR IDP Monitoring Tool. Carefully crafted to reflect the realities on the ground and pilot-tested in displacement areas across the country, this tool shall assist the Commission in documenting evidence-based information on displacement incidents, and movements and situations of IDPs. The processed data will be the basis in the crafting of policies, advisories and other interventions in the exercise of the Commission’s powers and functions. The publication of this document is very timely, considering the thousands of Filipinos who have experienced or continue to experience displacement to this day. I am hopeful that the publication and use of this monitoring tool will lead to a stronger realization of the United Nations Guiding Principles on Internal Displacement (UNGPID) in the country. I congratulate the previous IDP Project Management Team, led by now UN Special Rapporteur on the Human Rights of IDPs, Attorney Cecilia Jimenez-Damary, and the Center for Crisis, Conflict and Humanitarian Protection for the production and publication of the CHR IDP Monitoring Tool.

HON. ROBERTO EUGENIO CADIZ Focal Commissioner

Center for Crisis, Conflict, and Humanitarian Protection

*MESSAGE*

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At the outset, allow me to congratulate the CHR-AECID Fortaleza Project Team, the CHR-UNHCR Project Team, the CHR IDP Technical Working Group, and the Center for Crisis, Conflict, and Humanitarian Protection (CCCHP) for their dedication and untiring effort in coming out with this User’s Guide. The recent natural disasters, conflict, and development aggression which affected our country necessitated extraordinary vigilance on the part of the Commission on Human Rights (CHR) to adequately and fully address these incidents, in accordance with its mandate. This User’s Guide is a timely valuable tool that we can use in ensuring that Internally Displaced Persons’ (IDPs) situations are identified, documented, compiled, analyzed, and properly evaluated. Its full utilization will help the Commission in coming up with workable, practical, and timely policies to ensure that the human rights of IDPs are amply protected. The data gathered will provide adequate documentation to ensure proper coordination within the CHR machinery and with other agencies. I earnestly request all CHR employees, other government agencies, and even the general public to give their utmost cooperation and support to ensure the success of this project. Thank you very much and may God bless us all!

* MESSAGE*

HON. LEAH C. TANODRA-ARMAMENTO Co-Focal Commissioner

Center for Crisis, Conflict, and Humanitarian Protection

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The Commission on Human Rights of the Philippines (CHR) has always been confronted with the challenges of protecting and promoting the rights of internally displaced persons (IDPs) in the country. Our history throughout shows recurring patterns of internal displacement due to natural disasters and hazards, armed conflict, violence and development aggression, characterized by violations of human rights as well as immense resilience by IDPs. While the UN Guiding Principles on Internal Displacement (GPID), the State’s international human rights and humanitarian treaty obligations, and our Constitution and laws guarantee IDPs’ human rights, CHRP monitoring and response require deep understanding of the GPID and application to the Philippine situation, as well as a systematic monitoring rights-based methodology that will enable appropriate collection of information and data for more effective protection advocacy. The CHR IDP Monitoring Tool is therefore a momentous achievement on the part of the CHR, as a national human rights institution committed to serving IDPs, who are among the most marginalized in the country. After many years of developing the CHRP IDP Monitoring Tool from the 2010s– initiated by previous Commissions through valuable partnerships with NGOs and the Philippine Office of the UN High Commissioner of Refugees, I would like to congratulate the current CHR’s Center for Crisis, Conflict and Humanitarian Protection for this publication which will hopefully facilitate the promotion of IDP rights and strengthen the institution’s continued capacity in its work on IDPs. Developed mainly by the Commission’s regional offices with various partners are local municipal levels mainly in Mindanao, I take great pride in having been a part of its development during the final years of the CHR-UNHCR IDP Project while I was National Project Director. The fruition of this laudable endeavor is due to the dedication and commitment, to which I was witness, of the CHRP’s regional offices in Mindanao, as well as the Visayas and northern Luzon and members of the then IDP Project Management Office based in Davao City. Indeed, as we enter the 20th Anniversary of the Guiding Principles on Internal Displacement this 2018, the CHR IDP Monitoring Tool stands witness to the continuing human rights challenges in internal displacement, the important protection role of NHRIs and the endeavor to promote IDP rights in the Philippines and in other countries. Mabuhay kayo! December 10, 2017 Davao City

ATTY. CECILIA JIMENEZ-DAMARY UN Special Rapporteur on the Human Rights

of Internally Displaced Persons (IDPs)

* MESSAGE*

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PREFACE

Every day, thousands of Filipinos grapple with the devastating consequences of natural disasters, conflict, and development aggression. Among these unfortunate legacies is displacement or the forced movement of people from their places of origin due to crisis and conflict situations. In Mindanao, for instance, decades of conflict, as well as various other crisis situations over the years, have forced entire communities to flee for their lives. Protracted displacement is an issue that various areas in the Philippines face, and the complexities surrounding the problem of displacement makes it particularly difficult to address. Displaced communities are in need not only of life-saving interventions, but also of durable solutions to their displacement. The Commission on Human Rights (CHR) places the wellbeing of vulnerable sectors, including internally displaced persons (IDPs), high on its list of priorities. It has a long history of working with the United Nations High Commissioner for Refugees (UNHCR) in seeking better protection for IDPs. This long-standing partnership led to the CHR-UNHCR IDP Project and the development of the CHR IDP Displacement Monitoring Tool, a tool which can be used by CHR staff and partners in monitoring missions to ascertain conditions of IDPs on the ground. The tool is designed to help the user more fully describe the situation of IDPs and better document the human rights and humanitarian issues they face. Using the data collected through the CHR IDP Monitoring Tool, the Commission seeks to:

x Produce credible human rights analysis of IDP situations; x Provide advice to the State and its instrumentalities on its obligation to respect,

protect, and fulfill the human rights of IDPs, including advice regarding policy reform and program development and implementation;

x Refer IDP concerns to relevant CHR offices, appropriate agencies, and/or partner organizations;

x Investigate allegations of violations of IDPs’ rights and refer such cases to the proper authorities for further action, if warranted;

x Promote IDP rights through advocacy and capacity building. Ultimately, the CHR hopes to compile accurate and reliable data that will inform its policy decisions in the protection and promotion of the human rights of IDPs – with the end in view of helping IDPs obtain durable solutions to displacement.

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TABLE OF CONTENTS

Contents Pages

Messages ii Foreword vi Preface vii Table of Contents viii

CHR IDP MONITORING TOOL USER’S GUIDE

I. Who are IDPs? 3

II. What is displacement and what causes it? 3 1. Disaster-induced (natural) displacement 4 2. Conflict-induced displacement 4 3. Development-induced displacement 4

III. Why monitor displacement? 5

IV. Using the IDP Monitoring Tool and its Forms 5 1. Who will use the Displacement Monitoring Forms? 6 2. When will the Displacement Monitoring Form be used? 6 3. Methodologies in Generating Data 6 4. Verifying Data Gathered 7 5. Data Processing and Analysis 7

V. Reportorial Protocol 8 � Step 1: Preparation for Monitoring 8 � Step 2: Monitoring Phase 8 � Step 3: Documentation and Referral 8 � Step 4: Reporting 9 � Step 5: Documentation of Durable Solutions 9

VI. Guidelines on how to fill up the IDP Monitoring Forms 10 1. Form 1-A - Displacement Incident Identification 10

� Form 1-A - Displacement Incident Identification Form 13 � Form 1-A.1 – Areas Affected Identification Form 13

2. Form 1-B - Evacuation Center Identification 15 � Form 1-B: Evacuation Area Identification Form 17

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3. Form 1-B.1 - Core Protection Activities Identification 18 � Form 1-B.1 - Core Protection Activities Identification Form 21

4. Form 1-B.2 – Human Rights Assessment 23 � General Reference on Normative Contents of Rights � 24 � Form 1-B.2 – Human Rights Assessment Form 26

5. Form 2 – Protection from Arbitrary Displacement 32 � Form 2 – Protection from Arbitrary Displacement Form 34

6. Form 3 – Movement Tracking 36 � Form 3 – Movement Tracking Form 38

7. Form 4 – Durable Solutions 39 � Form 4 – Durable Solutions Form 41

APPENDICES: List of Relevant National and International Laws and Instruments related to Internally Displaced Persons (IDP)

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CHR Displacement Monitoring Tool

51 CHR Directory

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User’s Guide Commission on Human Rights Displacement Monitoring Tool

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I. Who are IDPs?

According to the UN Guiding Principles on Internal Displacement (UNGPID), internally displaced persons or IDPs are "persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized border."1 IDPs include evacuees who have been forced to leave their habitual residences for safety and security reasons or due to threats to life caused by either natural calamities or human-induced circumstances. They also include those who have been constrained to leave their place of origin and have moved to settlements other than evacuation centers, i.e. homes of relatives. Unlike refugees2, IDPs are those who have not sought protection outside national boundaries and are, therefore, not covered by the 1951 Convention on the Status of Refugees.3 Forced displacement often results in the heightened vulnerability of affected populations. IDPs have limited (or even no) access to necessities such as food, shelter, clothing, water, and health and sanitation services. This leads to higher rates of mortality and malnutrition in IDPs, especially for those IDPs who are children, pregnant and lactating women, persons with disability, and elderly. Displacement also increases an affected person’s vulnerability to physical attacks, sexual assaults, abduction, and other civil and political rights violations.4 Their economic activities are also disrupted, making them easy prey to exploitation and abuse such as trafficking.

II. What is displacement and what causes it? Displacement is characterized by the forced migration or arbitrary expulsion of people and communities from their places of origin. For the purposes of this User’s Guide, displacement is categorized as disaster-induced displacement (displacements caused by earthquakes, flood, typhoons, volcanic eruptions, landslides, tsunami, and the like), conflict-induced displacement (displacements caused by armed conflict, generalized violence, and organized violence) and development-induced displacement (displacements caused by dams, urban infrastructures, highways, mineral extractions and explorations, land conversion, business intrusion, land conversion, etc.).

1 Introduction, Paragraph 2, UN Guiding Principles on Internal Displacement, 1998. 2According to the 1951 Convention on the Status of Refugees, a "refugee" is a person who, "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it." 3http://www.unhcr.org/pages/49c3646c146.html 4http://www.ohchr.org/EN/Issues/IDPersons/Pages/Issues.aspx

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1. Disaster-induced (natural) displacement is the forced migration of peoples and

communities due to natural calamities and disasters. The Philippines is an archipelago situated in the Pacific Ocean typhoon belt and in the Pacific Ring of Fire. It hosts an average of 20 typhoons annually. It is also home to both active and dormant volcanoes, as well as several fault lines underneath its land and waters. Its geographical location and physical environment makes the Philippines susceptible to tsunamis, sea level rise, storm surges, landslides, floods, and drought.5 The Philippines’ geographical context is compounded by poor disaster risk reduction and management mechanisms, making the displacement of persons and communities par for the course when disasters strike.

2. Conflict-induced displacement occurs when people are forced to flee their homes due

to armed conflict, generalized violence,6 persecution, or human rights violations, particularly those on the grounds of race, religion, political opinion, or social group.7 The Philippines is beset with long-running armed conflicts with various non-state armed groups. There are likewise several lawless elements, criminal groups, private armies, and paramilitary groups who, motivated by a variety of political, economic, and/or religious objectives, engage in violent activities that often affect surrounding populations and even complicate the long-standing armed conflicts involving state and non-state actors. Such activities expose persons and communities to threats of violence and insecurity, prompting their evacuation to safety. Due to the intractable nature of armed conflict, protracted displacement is pronounced in conflict-affected sites. 8

3. Development-induced displacement occurs when people are compelled to move as a

result of policies and projects connected with development efforts. These include large-scale infrastructure projects (i.e., the construction of dams, roads, ports, airports and the like), urban clearance initiatives, extractive industry projects (mining and logging activities, among others), and land conversion.9

5 http://www.adrc.asia/nationinformation.php 6‘Generalized violence’ and ‘indiscriminate violence’ connote that violence is untargeted, widespread, random, and affects all alike, (cf. Holzer, Vanessa. UNHCR Legal and Protection Policy Research Series: The 1951 Refugee Convention and the Protection of People Fleeing Armed Conflict and Other Situations of Violence. Geneva, Switzerland. September 2012.) 7 http://www.columbia.edu/itc/hs/pubhealth/modules/forcedMigration/definitions.html 8 The Internal Displacement Monitoring Centre (IDMC) defined protracted displacement as a “situation in which refugees and/or IDPs have been in exile for three years or more, and where the process of for finding durable solutions, such as repatriation, absorption in host communities, or settlement in third locations, has stalled.” IDMC (2015). Protracted displacement: uncertain paths to self-reliance in exile. p.11. 9 http://www.columbia.edu/itc/hs/pubhealth/modules/forcedMigration/definitions.html

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III. Why monitor displacement?

The primary objective of monitoring the conditions of displacement is to facilitate the protection and promotion of the human rights of IDPs. Arbitrary displacement is prohibited under the UNGPID.10 Internally displaced persons are entitled to their civil, political, economic, social and cultural rights as articulated in the Constitution and international human rights law. They are likewise entitled to humanitarian assistance, such as assistance in accessing food, medicine, and shelter, among others. They have the right to be protected from physical violence, the right to education, the right to freedom of movement and residence, the right to participate in public affairs, and the right to participate in economic activities.11 Displaced persons also have the right to assistance from competent authorities in their voluntary, dignified, and safe return, resettlement, or local (re)integration. This includes assistance in recovering lost property and possessions.12 When restitution of property is no longer possible, the Guiding Principles call for compensation or just reparation.13

Reports from displacement monitoring activities help inform the actions and interventions of relevant stakeholders in humanitarian assistance operations, peacekeeping and camp management, and advocacy, among others.14 While addressing displacement issues is mainly a responsibility of the national government and local government units,15 non-state actors are also enjoined to protect and promote the rights of IDPs and affected communities.

IV. Using the CHR IDP Monitoring Tool

The CHR IDP Monitoring Tool contains a set of seven (7) forms/questionnaires that can be used to document displacement incidents and relevant observations regarding the condition of IDPs during the emergency phase (from the onset of

10 Principle 6, UNGPID, which reads:

1. Every human being shall have the right to be protected against being arbitrarily displaced from his or her home or place of habitual residence. 2. The prohibition of arbitrary displacement includes displacement:

(a) When it is based on policies of apartheid, “ethnic cleansing” or similar practices aimed at/or resulting in altering the ethnic, religious or racial composition of the affected population; (b) In situations of armed conflict, unless the security of the civilians involved or imperative military reasons so demand; (c) In cases of large-scale development projects, which are not justified by compelling and overriding public interests; (d) In cases of disasters, unless the safety and health of those affected requires their evacuation; and (e) When it is used as a collective punishment.

3. Displacement shall last no longer than required by the circumstances. 11 Principle 18, UNGPID. 12 Section V, UNGPID. 13 Principle 29, UN Guiding Principles on Internal Displacement. 1998. (Cf. http://www.ohchr.org/EN/Issues/IDPersons/Pages/Issues.aspx) 14Handbook for the Protection of Internally Displaced Persons. Page 92. 15 De Mello, Sergio Vieira. 1998. Foreword to the Guiding Principles by the Under-Secretary-General for Humanitarian Affairs.

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displacement until transition commences), during the post-emergency phase (transition to durable solutions), and upon attainment of durable solutions. The data compiled through the use of this tool can serve as a basic resource for analysis, policy interventions and recommendations, and other actions. The Monitoring Tool also comes with this User’s Guide for field staff. A draft Interview Guide was also developed alongside this User’s Guide to help monitoring teams conduct their data gathering. Said Interview Guide is available as an attachment to this manual. Given the dynamic nature of displacement, as well as the various contexts in which this tool may be used, the User must remember that it is not necessary to use all of the forms all at the same time. The User must familiarize himself/herself with the whole tool to see which forms are relevant to a particular situation.

1. Who will use the CHR IDP Monitoring Tool?

The Monitoring Tool was designed primarily for the use of CHR Monitoring Teams (i.e. Central Office Monitoring Mission Teams [COMT], Regional IDP Teams [RITs], and Regional Monitoring Teams [RMTs]) in their field visits to IDP communities.

2. When will the CHR Monitoring Tool be used?

The Monitoring Tool is designed for use 1) during the emergency phase (from the onset of displacement until transition commences); 2) during the post-emergency phase (transition to durable solutions); and 3) upon attainment of durable solutions.

3. Methodologies in generating data

The following are the recommended methodologies in generating data using the CHR IDP Monitoring Tool: 1) Focus Group Discussion (FGD); 2) Key Informant Interview (KII); 3) On-site Observation; and 4) Review of Secondary Data.

A Focus Group Discussion is a flexible data gathering method wherein the interviewer sets the parameters of the discussion while allowing participants to share their ideas freely. In conducting FGDs, the Monitoring Team may use the accompanying interview guide to discuss key themes or specific issues in the Monitoring Tool. FGDs are ideally conducted in groups of 10 to 15 participants. A member of the CHR Monitoring Team should facilitate the discussion, with another member documenting the FGD proceedings. Because FGDs are flexible, they can draw out a variety of views and insights. They can also help identify internal and external factors affecting IDP conditions. Observations during the discussion should be included in the Monitoring Team’s report. A Key Informant Interview (KII) is a qualitative in-depth interview with individuals who have personal knowledge regarding the displacement, the evacuation centers/areas, the transitory or relocation sites, and/or the affected communities. The purpose of a KII is to collect information from a wide range of people, including

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IDPs, community leaders, camp managers, and officials from relevant national government agencies, local government units, and support organizations. On-site Observation is the inspection done by a Monitoring Team of the actual conditions inside an evacuation center/area, transitory, relocation, or integration site, and/or returned community. Through on-site observation, the Monitoring Team can validate the data it has gathered through other methods. When the situation permits, it is recommended that CHR Monitoring Teams personally visit the displacement sites and/or connect with home-based IDPs to better understand the living conditions of IDPs. In case this is not feasible, the Monitoring Teams may also conduct a Review of Secondary Data, which involves a study of information obtained from official sources (government agencies) or partner organizations providing direct humanitarian services. The Monitoring Teams are advised to use the Monitoring Tool in reviewing secondary data in order to draw out the information needed and to determine whether human rights standards on displacement are in place.16 The CHR Monitoring Teams may, on a case-to-case basis, decide which methodology or combination of methodologies is appropriate for use in a particular monitoring mission. Moreover, in order to generate robust and accurate data, the team is advised to select FGD and KII participants based on the following criteria: a) sectoral representation; b) gender balance; c) ethnicity, d) age; e) position in the community; and f) faith, religious belief, or ethnic affiliation.

4. Verifying Data Gathered When circumstances require the verification of data generated, the CHR Monitoring Team may resort to triangulation of information from available primary sources. Triangulation of information involves use of multiple data sources to ensure that an account is robust, comprehensive, and consistent with available reliable information. Official data from humanitarian service providers particularly government agencies, need not be triangulated, unless the veracity of the information obtained from these sources becomes an issue.

5. Data Processing and Analysis

The data gathered through the Monitoring Tool will be encoded into the Martus-based Executive Information System (MAREIS) for recording, processing, and analysis purposes. Said data will be used in the development of IDP-related programs, policies, advisories, and other interventions in the exercise of the Commission’s powers and functions.

16 Human rights and humanitarian standards are laid out primarily by the SPHERE Minimum Standards on Humanitarian Response, and the Inter-Agency Standing Committee Guidelines on various humanitarian issues, among others. The CHR also issues Policy Advisories on humanitarian concerns to promote the human rights of persons and communities affected by crisis and conflict situations.

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V. Reportorial Protocol Step 1: Preparation for Monitoring 9 Upon receipt of news or report of a

displacement incident in the region, the CHR Monitoring Team (RIT/RMT) in the host region (RIT/MT-host) prepares a Mission Order (MO) to visit evacuation center/area.

9 The Monitoring Team prepares Form 1-A or

'the Displacement Incident Identification Form' (and Form 1-A.1, if incident affected more than 1 province/city/municipality/barangay) and assign a temporary control number to it.

9 Regional Director of host region (RD-host)

approves the MO. Step 2: Monitoring of Displacement 9 CHR RIT/MT-host visits evacuation center/area; performs on-site monitoring, rapid

assessment, documentation, and coordination. 9 It shall also establish whether the incidence of displacement occurred within its area

of jurisdiction or from another region. If the incident occurred in the region of jurisdiction, whether short term or protracted

evacuation: Step 3: Documentation and Referral within Region of Jurisdiction 9 RIT/MT-host assigns the final control number to the displacement incidence. 9 RIT/MT-host performs displacement monitoring using Form 1-B (Evacuation Area

Identification Form), Form 1-B.1 (Core Protection Activities Identification Form), Form 1-B.2 (Human Rights Assessment Form), and Form 2 (Protection from Arbitrary Displacement Form).

9 Upon determination of alleged human rights violations from the gathered data using

Form 1-B.2, immediate recommendation for action under Investigation and Case Management System shall be forwarded to RD-host. Breach of humanitarian standards shall also be documented for referral to responsible agencies.

If the displaced persons came from another region of jurisdiction, or multi-regions are

affected by displacement:

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Step 3: Documentation and Referral of Displacement Originating from Another Region 9 RIT/MT-host prepares an incident memo to CHR Regional Office of the region where

the IDPs originated (RO-origin). Host regional office (RO-host) will request a copy of Form 1-A with control number (and Form 1-A.1, if incident affected more than one province/ city/municipality/barangay) from RO-origin for proper data management and tracking.

9 The Regional Director from host region (RD-host) signs and transmits the memo to

the Regional Director of origin (RD-origin). 9 Upon receipt of the memo, the CHR Regional Team leader/member where the

displacement originated (RIT/MT-origin) fills up Form 1-A, assigns control number and prepares memo-reply to the RO-host.

9 RD-origin approves the memo and transmits copy of Form 1-A (and Form 1-A.1, if

incident affected more than one province/city/municipality/barangay) with control number to requesting RO-host for action.

9 RIT/MT-host performs displacement monitoring using Form 1-B (Evacuation Area

Identification Form), Form 1-B.1 (Core Protection Activities Identification Form), Form 1-B.2 (Human Rights Assessment Form), and Form 2 (Protection from Arbitrary Displacement Form).

9 Upon determination of alleged human rights violations from the gathered data using

Form 1-B.2, immediate recommendation for action under Investigation and Case Management System shall be forwarded to RD-host. Breach of humanitarian standards shall also be documented for referral to responsible agencies.

Step 4: Reporting 9 RIT/MT-host member prepares Displacement Situation Monitoring Report using the

data gathered from the IDP Monitoring Forms. 9 RIT/MT-host leader/member verifies the report and submits it to RD-host. 9 RD-host monitors the status of displacement and makes report to the Commission en

Banc (CEB) and other concerned Regional Office/s for policy issuance or advisory, and other appropriate intervention.

9 If no durable solution has occurred, RIT/MT-host continues to monitor the situation

of IDPs following Step 3 in documenting the ongoing displacement in evacuation centers/areas.

Step 5: Documentation of Durable Solutions 9 RIT/MT-host monitors the movement of IDPs using Form 3 (Movement Tracking

Form).

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9 Upon determination of those who have been relocated, have returned to their original community or have locally (re)integrated, RIT/MT-host monitors their situation using Form 4 or the 'Durable Solutions Form' (and Form 4.1, if incident affected more than one province/ city/municipality/ barangay).

9 If 'durable solutions' have been attained, RIT/MT-host drafts the Final Displacement

Report using the data gathered from the IDP Monitoring Forms. 9 RIT/MT-host leader or member verifies the final report and submits it to RD-host. 9 RD-host signs the Final Displacement Report and submits it to the CHR Central Office,

furnishing a copy of such to pertinent duty-bearers and claim-holders. 9 CHR Central Office, through focal division for IDPs and in coordination with other

offices within the Commission, will consolidate information for policy issuance, advocacy and project programming, or other interventions that can contribute to the improvement of IDP response by relevant agencies.

VI. Guidelines on how to fill up the IDP Monitoring Forms 1. Form 1-A - Displacement Incident Identification Form

This form shall be used to discuss the general information and extent of displacement. Form 1-A will be the basis for the control number to be used by the rest of the forms. For example, the control number of Form 1-B must be consistent with the control number of Form 1.A, Form 1-B as they relate to one incident of displacement.

Region – refers to the jurisdiction where the disaster/displacement incident occurred.

a. In cases of high category

disasters where inter-regional operations are necessary, the host region shall have the control of displacement monitoring unless otherwise agreed upon or ordered.

b. In cases where the IDPs crossed regional borders, the region where the IDPs are

currently hosted shall work in coordination with the region of origin. (Refer to Reportorial Protocol, Step 3)

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Control Number – identifies the specific displacement incident and all other reports related to it. The regional office where the IDPs originated shall provide the specific control number of displacement incidence. The regional offices or hosts where the IDPs evacuated and later resettled or reintegrated shall adopt the original control number and forward all reports to the same office (regional office of origin).

It will follow the format - IDP-Region-Year-Number. Example: IDP-XII-2013-001 Where: IDP Internally Displaced Person Region Refers to the region of origin of the IDP Year Refers to the year of displacement Number Refers to sequential number of displacement incidence Date Taken – refers to the date the monitoring was actually taken. It will be in the form of Month-Day-Year. Example: January 1, 2014 Place of Incident – refers to the specific place/s where the cause of displacement occurred. It will take the form of barangay, city/municipality, and province. In case where the place of incident occurred in one city/municipality with five or less barangays, enumerate all places otherwise just indicate the city/municipality. In case where the place of incident occurred in two or more cities/municipalities in the same province name the province where the said cities/municipalities are located. Date of Incident – refers to the date when the cause of displacement took place. Start of Displacement – refers to the date when the displacement commenced or the date when the first instance/movement of displacement occurred. End of Displacement - refers to the date when the displacement ended. Causes of Displacement – refers to the incident that triggered the internal displacement. Multiple selections are allowed, i.e. select more than one for both natural and human-induced causes. Name of Incident (if any) - refers to the generally accepted ascription of specific incident that triggered the displacement. Example: “Yolanda” or “Zamboanga siege” Group Involved – in case of human-induced causes (conflict or development-related displacements), refers to the parties to the conflict or parties involved in the cause of displacement. Details – are brief explanation of the cause of displacement. Example: In case of earthquake, describe the magnitude, intensity, etc.

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Areas Affected - refers to the areas or communities affected by displacement, which may include the host communities. Identify the Province, City/Municipality and Barangays. Use Form 1-A1 for additional areas affected. Prepared by and Date – refers to the name and signature of a member/s of the CHR Monitoring Team (COMT, RIT, or RMT) who conducted and prepared the report. Date – refers to the date when the report was submitted. Verified by and Date – refers to the name and signature of the Monitoring Team leader (MT-leader) assigned to monitor displacement. Date – refers to the date when the MT-leader verified the report.

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Form 1-A - Displacement Incident Identification Form

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Form 1-A-1 – Areas Affected Identification Form

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2. Form 1-B - Evacuation Center Identification Form

This form shall be used per evacuation center/area. All the forms must have the same control number. For example, the control number of Form 1-B must be consistent with the control number of Forms 1.A , and so with the rest, as these forms relate to one incident of displacement. (Please note that an evacuation center/area may have more than one control number depending on the Province/City/Municipality the IDPs originally came from.)


a. In cases of high category disasters where inter-

regional operations are necessary, the host region shall have the control of displacement monitoring unless otherwise agreed upon or ordered.

b. In cases where the IDPs crossed regional borders, the region where the IDPs are currently hosted shall work in coordination with the region of origin. (Refer to Reportorial Protocol, Step 3)

Control Number – identifies the specific displacement incident and all other reports related to it. The regional office where the IDPs originated shall provide the specific control number of displacement incidence. The regional offices or hosts where the IDPs evacuated and later resettled or reintegrated shall adopt the original control number and forward all reports to the regional office of origin. It will follow the format - IDP-Region-Year-Number. Example: IDP-XII-2013-001

Where: IDP Internally Displaced Person Region Refers to the region of origin of the IDP Year Refers to the year of displacement Number Refers to sequential number of displacement incidence

Date Taken – refers to the range of dates the monitoring was initiated (Started) and concluded (Ended). It will be in the form of Month-Day-Year. Example: January 1, 2014. Evacuation Center/Area – refers to the place where the IDPs are currently located. Select only one. Example: when the gymnasium is inside the school, tick only the school; where the tents are set-up within the school grounds, tick only the school.

16

Name of Evacuation Center/Area – refers to the specific the name of the evacuation center. Example: Kibukay National High School.

Location of Evacuation Center – refers to the specific address of the evacuation center/area. Place of Origin of IDPs (Barangay, Municipality/City, Province) – refers to the specific place where the IDPs came from. Total Number of Families Displaced – numerical representation of families displaced; data can be taken or requested from partner-sources. Total Number of Host Families - numerical representation of families hosting IDPs, which may be taken from partner-sources. Total Number of Persons Displaced - numerical representation of persons displaced which may be taken from partner-sources. Total Number of Children- numerical representation of children (as defined under RA 7610) who are displaced and who may be male or female which may be taken from partner-sources. If home-based, include the number of children of host families as possible intervention will be per household. Total Number of Adults- numerical representation of adult IDPs above eighteen years of age. Other Sector (specify) - refers to disaggregated data per sector if available from partner-sources. Source/s of Information – refers to agencies/entities from whom pertinent information/data were taken. Management – refers to the agency/entity running the affairs of the evacuation center. Multiple selection is allowed. Specify agency/organization, contact person, position and contact numbers. Prepared by and Date – refers to the name and signature of a member/s of the CHR Monitoring Team (COMT/RIT/RMT) who conducted and prepared the report. Date – refers to the date when the report was submitted. Verified by and Date – refers to the name and signature of the Monitoring Team leader (MT-leader) assigned to monitor displacement. Date – refers to the date when the MT-leader verified the report.

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Form 1-B: Evacuation Area Identification Form

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3. Form 1-B.1 - Core Protection Activities Identification Form

This form shall be used per evacuation center/area. All the forms must have the same control number. For example, the control number of Form 1-B.1 must be consistent with the control number of Forms 1.A and 1.B, and so on, as these forms relate to one incident of displacement. (Please note that an evacuation center/area may have more than one control number depending on the Province/City/ Municipality the IDPs originally came from.) Region – refers to the jurisdiction where the disaster/displacement incident occurred. a. In cases of high category disasters where inter-regional operations are necessary, the host

region shall have the control of displacement monitoring unless otherwise agreed upon or ordered.

c. In cases where the IDPs crossed regional borders, the region where the IDPs are


Control Number – identifies the specific displacement incident and all other reports related to it. The regional office where the IDP originated shall provide the specific control number of displacement incident. The regional offices or hosts where the IDPs evacuated and later resettled or reintegrated shall adopt the original control number and forward all reports to the same office (regional office of origin).

It will follow the format - IDP-Region-Year-Number.Example: IDP-XII-2013-001

Where: IDP Internally Displaced Person Region Refers to the region of origin of the IDP Year Refers to the year of displacement Number Refers to sequential number of displacement incidence Date Taken – refers to the dates the monitoring was actually conducted. It will be in the form of Month-Day-Year. Example: January 1, 2014.

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Name of Evacuation Center/Area – refers to the specific the name of the evacuation center/area. Example: Kibukay National High School. Source - refers to the methodologies used in the gathering of data on protection activities. RIT/MT may tick one or more methodologies employed. Profiling – used to determine whether there were previous or ongoing gathering of basic information and demographics of the IDPs in the evacuation center/area. If an agency/organization has already conducted profiling activities, tick YES, specify the agency/organization, identify the group using the given code, and the date when the profiling activities were conducted. Data Gathered - select available demographics gathered. Indicate if a copy of the IDP profile is attached. Protection Monitoring – use to determine whether there were previous or ongoing activities aimed at facilitating conducive environment for the IDPs and respect for their rights. If there were such, specify agency/organization that conducted the protection monitoring and under remarks specify the date, the frequency of the monitoring conducted. Use the given code to identify the group. Protection Cluster in Place - refers to the organization of necessary committees in charge of ensuring a safe environment for the IDPs and protection of their rights. Tick the given box if protection cluster is in place and identify whether the CHR is part of the cluster. Under remarks, specify the date when the cluster was formed, the composition and function of the cluster and the role of CHR, if any. Advocacy – is used to determine whether there were previous or ongoing promotion activities to inform the IDPs of their rights, the duty-bearers of their duties, and other stakeholders of their responsibilities. If there were agencies/organizations that have provided advocacy activities, specify the agency/organization who conducted the advocacy activities, the topics/issues, and the date the activities were conducted. Use the given code to identify the group. Camp Coordination and Camp Management/Community Mobilization – is used to determine whether there are agencies/entities who are mobilizing, organizing and facilitating the assistance for, and the protection and participation of IDPs in running the affairs of a particular camp. If there were agencies/organizations that have done so, under remarks specify the particular CCCM roles on: camp administration, camp coordination and camp management. Information Dissemination – is used to determine whether there were activities conducted aimed at informing the IDPs of the affairs of the evacuation center/area, their roles and responsibilities in maintaining a conducive environment for themselves. If yes, specify the agency/organization who disseminated the information, the date conducted and the kind of information disseminated. Use the given code to identify the group.

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Capacity Building– is used to determine whether there were activities or initiatives towards improving the capacities and skills of the IDPs. If there were, specify the agency/organization who conducted the capacity building activities, the date conducted and the title/description of the activity conducted. Use the given code to identify the group. Humanitarian Assistance - is used to determine whether there was material or logistical aid provided to save lives, alleviate suffering, and maintain and protect the dignity of the IDPs. If there was, specify the agency/organization who provided assistance, the date the activity was conducted, and the title/description of the material/logistical support. Use the given code to identify the group. Peaceful Coexistence -is used to determine if there is order and harmony within the evacuation center. If none, specify the cause of discord. Prepared by and Date – refers to the name and signature of a member/s of the CHR Monitoring Team (COMT/RIT/RMT) who conducted and prepared the report. Date – refers to the date when the report was submitted. Verified by and Date – refers to the name and signature of the Monitoring Team leader (MT-leader) assigned to monitor displacement. Date – refers to the date when the MT-leader verified the report.

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Form 1-B.1 - Core Protection Activities Identification Form

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4. Form 1-B.2 – Human Rights Assessment Form

This form shall be used per evacuation center/area. All the forms must have the same control number. For example, the control number of Form 1-B.2 must be consistent with the control number of Forms 1.A, 1.B, etc., as these forms all relate to one incident of displacement.

(Please note that an evacuation center/area may have more than one control number depending on the Province/City/ Municipality the IDPs originally came from.)


b. In cases of high category disasters where

inter-regional operations are necessary, the host region shall have the control of displacement monitoring unless otherwise agreed upon or ordered.

d. In cases where the IDPs crossed regional borders, the region where the IDPs are


Control Number – identifies the specific displacement incident and all other reports related to it. The regional office where the IDP originated shall provide the specific control number of displacement incident. The regional offices or hosts where the IDPs evacuated and later resettled or reintegrated shall adopt the original control number and forward all reports to the regional office of origins.

It will follow the format - IDP-Region-Year-Number. Example: IDP-XII-2013-001

Where: IDP Internally Displaced Person Region Refers to the region of origin of the IDP Year Refers to the year of displacement Number Refers to sequential number of displacement incidence Date Taken – refers to the range of dates the monitoring was initiated (Started) and concluded (Ended). It will be in the form of Month-Day-Year. Example: January 1, 2014.

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Name of Evacuation Center/Area – refers to the specific the name of the evacuation center/area. Example: Kibukay National High School Human Rights Assessment – refers to the appraisal of interventions in response to the needs of the IDPs anchored on human rights and minimum standards in humanitarian response. Incidents of violation are recorded and explained, based on appropriate normative standard of the rights violated. Other details required by the tool are the date of the incidence; the action taken or remarks thereof; and the date the action was taken. General Reference on Normative Contents of Rights17 1. Accessibility - refers to the quality that the goods and services for IDPs are: (a)

granted without discrimination to everyone in need; (b) within safe and easy reach and can be physically and financially accessed by everyone, including vulnerable and marginalized groups; and (c) known to the beneficiaries. For instance, if essential food and potable water cannot be provided due to environmental degradation or soil contamination after a disaster, an adequate standard of living cannot be ensured.

2. Availability - refers to the sufficiency in quantity and quality of resources available

to the affected population within the locality, or as provided by humanitarian responders.

3. Acceptability - refers to goods and services that are culturally appropriate and

sensitive to gender, age, religion/faith, ethnic and traditional practices, and the like. 4. Adaptability – refers to goods and services that are provided in ways flexible

enough to adapt to the changing needs of IDPs. 5. Quality - refers to the appropriateness of goods and services, which are responsive

to the needs of IDPs and anchored on their rights. 6. Affordability – refers to personal or household financial costs associated with

housing, clothing and property. Goods are affordable when the procurement of such does not threaten or compromise the attainment and satisfaction of other basic needs such as food, education and health care.

7. Legal security of tenure – refers to legitimacy of claim to land, property, and

economic activity. Regardless of the type of tenure, all persons should possess a degree of security of tenure, which guarantees legal protection against forced eviction, harassment and other threats.

8. Availability of service materials, facilities and infrastructure – refers to

sustainable access to natural and common resources, safe drinking water, energy for

17 As provided by the IASC guidelines, the SPHERE standards, and other international and local standards on humanitarian response.

25

cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services.

9. Habitability - refers to adequate space and protection against cold, damp, heat, rain,

wind or other threats to health structural hazards and disease vectors. Physical safety of occupants must be guaranteed.

10. Location - refers to the convenience of settlement in relation to access to

employment options, health care services, schools, child care centers and other social facilities in both urban and rural areas.

11. Cultural Adequacy – refers to the consideration and respect to cultural identity and

expression. Adequate housing should respect and take into account the expression of cultural identity and ways of life.

12. Survival – refers to the right to protection and special assistance pertaining to a

person’s right to life and the needs that are most basic to existence such as nutrition, shelter, an adequate living standard and access to medical services.

13. Development - refers to the right to protection and special assistance concerning

the right to education, play, leisure, cultural activities and access to information, freedom of thought, conscience and religion.

14. Protection - refers to the right to protection and special assistance to persons which

ensures their safeguard against all forms of abuse, neglect and exploitation, including special care for vulnerable groups, safeguards for children in the criminal justice system, and support and rehabilitation for vulnerable persons who have suffered exploitation or abuse of any kind.

15. Participation - encompasses a person’s freedom to express opinions, to have a say

in matters affecting their own lives, to join associations and to assemble peacefully. As their capacities develop, IDPs should have increasing opportunity to participate in the activities of society.

16. Civil and Political and IHL Rights- refers to all sets of rights recognized under

various international and domestic laws. If violations are monitored, input the case type and use the code provided. Identify the action taken by CHR and other agencies or organizations.

Prepared by and Date – refers to the name and signature of a member/s of the CHR Monitoring Team (COMT/RIT/RMT) who conducted and prepared the report. Date – refers to the date when the report was submitted. Verified by and Date – refers to the name and signature of the Monitoring Team leader (MT-leader) assigned to monitor displacement. Date – refers to the date when the MT-leader verified the report.

26

Form 1-B.2 – Human Rights Assessment Form

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5. Form 2 – Protection from Arbitrary Displacement Form

This form shall be used per evacuation center/area. All the forms must have the same control number. For example, the control number of Form 2 must be consistent with the control number of Forms 1.A, 1.B, etc., as these forms relate to one incident of displacement. (Please note that an evacuation center/area may have more than one control number depending on the Province/City/ Municipality the IDPs originally came from.) Region – refers to the jurisdiction where the disaster/displacement incident occurred.

a. In cases of high category disasters where inter-regional operations are necessary, the host region shall have the control of displacement

monitoring unless otherwise agreed upon or ordered.




Where: IDP Internally Displaced Person Region Refers to the region of origin of the IDP Year Refers to the year of displacement Number Refers to sequential number of displacement incidence Date Taken – refers to the dates the monitoring was actually conducted. It will be in the form of Month-Day-Year. Example: January 1, 2014. Name of Evacuation Center/Area – refers to the specific the name of the evacuation center/area. Example: Kibukay National High School.

33

Source - refers to the methodologies used in the gathering of data on protection activities. RIT/RMT may tick one or more methodologies employed. For the data/information that ought to be generated under the Protection from Arbitrary Displacement, the user shall, through Key Informant Interview (KII), Focus Group Discussion and On-site Observation, profound the questions to the informants and select the applicable answers from the selection provided. (See page 4 on Some Suggested Methodologies)

Prepared by and Date – refers to the name and signature of a member/s of the CHR Monitoring Team (COMT/RIT/RMT) who conducted and prepared the report. Date– refers to the date when the report was submitted. Verified by and Date – refers to the name and signature of the Monitoring Team leader (MT-leader) assigned to monitor displacement. Date – refers to the date when the MT-leader verified the report.

34

Form 2 – Protection from Arbitrary Displacement Form

36

6. Form 3 – Movement Tracking Form

This form shall be used per evacuation center/area. All the forms must have the same control number. For example, the control number of Form 3 must be consistent with the control number of Forms 1.A, 1.B, etc., as these forms all relate to one incident of displacement.

(Please note that an evacuation center/area may have more than one control number depending on the Province/City/ Municipality the IDPs originally came from.)

a. In cases of high category disasters where inter-regional operations are necessary, the host region shall have the control of displacement monitoring unless otherwise agreed upon or ordered.

b. In cases where the IDPs crossed regional

borders, the region where the IDPs are currently hosted shall work in coordination with the region of origin. (Refer to Reportorial Protocol, Step 3)



Where: IDP Internally Displaced Person Region Refers to the region of origin of the IDP Year Refers to the year of displacement Number Refers to sequential number of displacement incidence Date Taken – refers to the dates the monitoring was actually conducted. It will be in the form of Month-Day-Year. Example: January 1, 2014. Name of Evacuation Center/Area – refers to the specific the name of the evacuation center/area. Example: Kibukay National High School.

37

Total Population - Numerical representation of displaced persons who have returned, or have relocated and locally integrated. Data on such may be taken from partner-sources. Total Families - numerical representation of families displaced who have returned, relocated, or locally integrated. Data on such may be taken from partner-sources. Total Persons - numerical representation of displaced individuals who have returned, relocated, or locally integrated, which may be taken from partner-sources. Return - refers to the number of displaced families and individuals who have been voluntarily returned to their community/place of origin. Indicate the location of community or place of origin. Relocation - refers to the number of displaced families and individuals who have resettled in another area. Indicate the location or address of the resettlement area. Local Integration - refers to the number of displaced families and individuals who have locally integrated to host community. Indicate the location or address of the host community. Transitory site - refers to the number of displaced families and individuals who have transferred to a transitory location. Indicate the location or address of the transitory site. Remaining - refers to the number of displaced families and individuals who remain in the evacuation center/area. Prepared by and Date – refers to the name and signature of a member/s of the CHR Monitoring Team (COMT/RIT/RMT) who conducted and prepared the report. Date – refers to the date when the report was submitted. Verified by and Date – refers to the name and signature of the Monitoring Team leader (MT-leader) assigned to monitor displacement. Date – refers to the date when the MT-leader verified the report.

38

Form 3 – Movement Tracking Form

39

7. Form 4 - Durable Solutions Form This form shall be used per evacuation center/area. All the forms must have the same control number. For example, the control number of Form 1-B.2 must be consistent with the control number of Forms 1.A, 1.B, etc., as these forms all relate to one incident of displacement. (Please note that an evacuation center/area may have more than one control number depending on the Province/City/ Municipality the IDPs originally came from.) Region – refers to the jurisdiction where the disaster/displacement incident occurred. a. In cases of high category disasters where inter-regional operations are necessary, the host region shall have the control of displacement monitoring unless otherwise agreed upon or ordered.


Control Number – identifies the specific displacement incident and all other reports related to it. The regional office where the IDP originated shall provide the specific control number of displacement incident. The regional offices or hosts where the IDPs evacuated and later resettled or reintegrated shall adopt the original control number and forward all reports to the regional office of origins.


Where: IDP Internally Displaced Person Region Refers to the region of origin of the IDP Year Refers to the year of displacement Number Refers to sequential number of displacement incidence Date Taken – refers to the range of dates the monitoring was initiated (Started) and concluded (Ended). It will be in the form of Month-Day-Year. Example: January 1, 2014. Name of Area – refers to the specific the name of the area where the IDPs have returned to, were relocated to, or have been locally integrated to.

40

Name of Last Evacuation Center/Area or Transition Site where IDPs Stayed - refers to the complete name and location of the last evacuation or transitory site where the IDPs have stayed prior to their return, relocation or local integration. Number of IDPs - Numerical representation of IDPs, whether relocated, returned or locally integrated, in terms of household, families and individuals (segregated between males and females). Data on which may be taken from partner-sources. Indicate where these IDPs originally came from. Why IDPs opted for resettlement/integration - refers to the underlying reason of IDPs who have decided to resettle elsewhere or locally integrate in the community. Select whether or not the IDPs do not want to go home or cannot go home, and indicate the reasons. (Multiple selections of reasons allowed.) Under remarks, state a brief background of the reason/s selected. Were means available to allow IDPs achieve durable solutions - determines whether or not assistance was provided to IDPs in achieving durable solutions. Multiple selections are allowed. If not, select reasons why no assistance was given to achieve durable solution. a. Forced - refers to situations where the government initiated the

return/resettlement/reintegration of the IDPs without consultation and against their volition.

b. Unassisted - refers to situations where the government initiated the

return/resettlement/reintegration of the IDPs without provision of necessary aid and support.

c. Others - refers to condition outside of being "forced" or "unassisted". Indicate the

specific condition. If yes, specify the different government line agencies and other entities who have assisted in the achievement of durable solutions. Mark the assistance provided and indicate whether is it is adequate or inadequate. Multiple selections on type of assistance are allowed. Use the given code to indicate the nature of agencies/entities providing assistance. Under remarks, state the reason behind the "adequate" or "inadequate" response. Prepared by and Date – refers to the name and signature of a member/s of the CHR Monitoring Team (COMT/RIT/RMT) who conducted and prepared the report. Date – refers to the date when the report was submitted. Verified by and Date – refers to the name and signature of the Monitoring Team leader (MT-leader) assigned to monitor displacement. Date – refers to the date when the MT-leader verified the report.

41

Form 4 - Durable Solutions Form

43

APPENDICES

45

List of Relevant National and International Laws and Instruments related to Internally Displaced Persons (IDP)18

Thematic Name of Instrument

General IDP Guiding Principles on Internal Displacement of 11 February 1998

Inter-national Bill of Rights

Universal Declaration of Human Rights of 10 December 1948 International Covenant on Economic, Social and Cultural Rights of 16 December 1966 International Covenant on Civil and Political Rights of 16 December 1966 Optional Protocol to the International Covenant on Civil and Political Rights of 16 December 1966

Torture

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 18 December 2002 Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 9 December 1975 Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 4 December 2000

Enforced Disappearance

International Convention for the Protection of All Persons from Enforced Disappearance of 20 December 2006 Declaration on the Protection of All Persons from Enforced Disappearance of 18 December 1992

Detention and Imprisonment

Code of Conduct for Law Enforcement Officials of 17 December 1979 United Nations Standard Minimum Rules for the Administration of Juvenile Justice of 29 November 1985 (The Beijing Rules) Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment of 9 December 1988 Basic Principles on the Role of Lawyers of 7 September 1990 Guidelines on the Role of Prosecutors of 7 September 1990 United Nations Guidelines for the Prevention of Juvenile Delinquency of 14 December 1990 (The Riyadh Guidelines) United Nations Rules for the Protection of Juveniles Deprived of their

18 UNHCR. Collection of International Instruments and Legal Texts Concerning Refugees and Others of Concern to UNHCR. Geneva, June 2007.

46

Liberty of 14 December 1990

United Nations Standard Minimum Rules for Non-custodial Measures of 14 December 1990 (The Tokyo Rules)

Basic Principles for the Treatment of Prisoners of 14 December 1990 Guidelines for Action on Children in the Criminal Justice System of 21 July 1997

Racial Discrimination

International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 UNESCO Convention against Discrimination in Education of 14 December 1960 Equal Remuneration Convention, 1951 (No. 100) (ILO) Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ILO) United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November 1963 Declaration on Race and Racial Prejudice of 27 November 1978 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief of 25 November 1981

Servitude, Slavery and forced labor

Slavery, Servitude, Forced Labor and Similar Institutions and Practices Convention of 25 September 1926 (Slavery Convention) Protocol amending the Slavery Convention signed at Geneva on 25 September 1926, of 23 October 1953 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 7 September 1956 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 2 December 1949 Forced Labor Convention, 1930 (No. 29) (ILO) Abolition of Forced Labor Convention, 1957 (No. 105) (ILO) Recommended Principles and Guidelines on Human Rights and Human Trafficking of 20 May 2002

Migrants International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families of 18 December 1990

Freedom of Association

Freedom of Association and Protection of the Right to Organize Convention1948 (No. 87) (ILO) Right to Organize and Collective Bargaining Convention, 1949 (No. 98) (ILO)

Women

Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women of 6 October 1999 Convention on the Political Rights of Women of 31 March 1953

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Declaration on the Protection of Women and Children in Emergency and Armed Conflict of 14 December 1974 Declaration on the Elimination of Violence against Women of 20 December 1993 UN Security Council Resolution 1325 on women and peace-building of 31 October 2000

Children

Convention on the Rights of the Child of 20 November 1989 Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict of 25 May 2000 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 25 May 2000 Convention on the Civil Aspects of the Child Abduction of 25 October 1980 Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption of 29 May 1993 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children of 19 October 1996 Minimum Age Convention, 1973 (No. 138) (ILO) Worst Forms of Child Labor Convention, 1999 (No. 182) (ILO) Declaration of the Rights of the Child of 20 November 1959 Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally of 3 December 1986 UN Security Council Resolution 1612 on children and armed conflict of 26 July 2005

Persons with Dis-abilities

Convention on the Rights of Persons with Disabilities of 13 December 2006 Optional Protocol to the Convention on the Rights of Persons with Disabilities of 13 December 2006 Declaration on the Rights of Mentally Retarded Persons of 20 December 1971 Declaration on the Rights of Disabled Persons of 9 December 1975 Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care of 17 December 1991 Standard Rules on the Equalization of Opportunities for Persons with Disabilities of 20 December 1993

General Comments

General Comment No. 15, The position of aliens under the Covenant Human Rights Committee (1986) General Comment No. 20, Article 7 (Replaces General Comment No. 7 concerning prohibition of torture and cruel treatment or punishment), Human Rights Committee (1992) General Comment No. 27, Freedom of Movement (Article 12), Human Rights Committee (1999)

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General Comment No. 31, The Nature of the General Legal Obligation Imposed on States Parties to the Covenant, Human Rights Committee (2004) General Recommendation No. 22, Refugees and displaced persons, Committee on the Elimination of Racial Discrimination (1996) General Recommendation No. 30, Discrimination against non-citizens, Committee on the Elimination of Racial Discrimination (2004) General Comment No. 6, Treatment of unaccompanied and separated children outside their country of origin, Committee on the Rights of the Child (2005)

Inter-national Humanitarian Law (IHL) and the Law of Neutrality

Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of victims of International Armed Conflicts (Protocol I) of 8 June 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) of 8 June 1977 Hague Convention (V) Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land of 18 October 1907 Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968 Principles of International Co-operation in the Detection, Arrest, Extradition and Punishment of Persons Guilty of War Crimes and Crimes against Humanity of 3 December 1973 Rome Statute of the International Criminal Court of 17 July 1998 United Nations Convention against Transnational Organized Crime of15 November 2000 (Palermo Convention) Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime of 15 November 2000 (Palermo Protocol on Trafficking) Protocol against the Smuggling of Migrants by Land, Sea and Air supplementing the United Nations Convention against Transnational Organized Crime of 15 November 2000 (Palermo Protocol on Smuggling)

Others

Universal Declaration on the Eradication of Hunger and Malnutrition of 16 November 1974 Declaration on the Right to Development of 4 December 1986 United Nations Principles for Older Persons of 16 December 1991 Declaration of Commitment on HIV/AIDS of 27 June 2001 UN Principles on Housing and Property Restitution (The Pinheiro

49

Principles) of 28 June 2005

Domestic Laws

1987 Philippine Constitution Philippine Disaster Risk Reduction and Management (RA 10121) of 2010. Anti-Trafficking in Persons Act (RA 10364) of 6 February 2013 Elimination Of The Worst Forms Of Child Labor And Affording Stronger Protection For The Working Child (RA 9231) of 19 December 2003 Anti-Rape Law (RA 8353) of 30 September 1997 Anti-Sexual Harassment Act (RA 7877) of 14 February 1995 Child and Youth Welfare Code of the Philippines (PD 603) of 10 December 1974 Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610) of 17 June 1992 Magna Carta of Women (RA 9710) of 14 August 2009 Anti-Torture Act (RA 9745) 10 November of 2009 The Indigenous Peoples’ Rights Act of 29 (RA 8371) October 1997 Senior Citizens Center Act of the Philippines (RA 7876) of 14 February 1995 Anti-Enforced or Involuntary Disappearance Act (RA 10353) of 21 December 2012

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http://www.chanrobles.com/childandyouthwelfarecodeofthephilippines.htm#.VA_4yWOKuhM

51

Commission on Human Rights Displacement Monitoring Tool

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CHR CENTRAL OFFICE DIRECTORY SAAC BLDG. COMMONWEALTH AVE.

UP COMPLEX, DILIMAN, QUEZON CITY

HON. JOSE LUIS MARTIN C. GASCON Chairperson

[email protected] 928-5655, 926-6188, 929-0102

HON. KAREN S. GOMEZ-DUMPIT Commissioner

[email protected] 926-2542

HON. GWENDOLYN LL. PIMENTEL-GANA

Commissioner [email protected]

927-0467

HON. LEAH C. TANODRA-ARMAMENTO Commissioner

[email protected] 926 - 1314

HON. ROBERTO EUGENIO T. CADIZ Commissioner

[email protected] 925-3883

Office of the Executive Director 927-5790, 928-7240

Human Rights Education and Promotion Office

[email protected] 928-44-71, 925-38-78, 925-38-79

Field Operations Office [email protected]

928-08-48

Human Rights Centers Management Office [email protected] 294-86-40, 282-18-78

Office of the Commission Secretary [email protected]

927-01-72, 928-86-10

Human Rights Policy Advisory Office [email protected] 927-40-33, 927-62-54

General Administration Office [email protected] 928-47-98, 925-38-80

Legal Office [email protected]

928-0873

Planning and Management Office [email protected]

925-38-84, 927-21-99

Investigation Office [email protected]

925-38-81

Financial Management Office [email protected]

928-16-82, 925-38-87

Public Affairs and Strategic Communication Office [email protected]

928-57-92

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CHR REGIONAL OFFICES DIRECTORY

NATIONAL CAPITAL REGION SAAC Building, Commonwealth Avenue UP Complex, Diliman, Quezon City Tel. No. 928-70-98

REGION VII 132 Rafanan Bldg Don Mariano Cue Street Capitol Site, Cebu City Tel. No. (032) 253-5403; Telefax No. (032) 254-6921

REGION I 2nd Flr., Francisco Ting Bldg. National Highway, Pagdalagan Norte Telefax No. (072) 607-8706; Tel. No. (072) 888-2450

TAGBILARAN CITY SUB- OFFICE Door I-D,Sarabia Co Torralba Bldg. II Cor. Espuelas and Doria Sts.,Tagbilaran City Tel No. (038)501-8461

CORDILLERA ADMINISTRATIVE REGION 3rd Flr., SSS Bldg. 2600 Harrison Road, Baguio City Tel. No. (074) 619-9089; Telefax No. (074) 619-9088

DUMAGUETE CITY SUB- OFFICE DSWD Provincial Office Capitol Drive, Dumaguete City (035) 422-0568

REGION II No. 05 Pabbablo St. Regional Government Center Carig Sur, Tuguegarao City, Cagayan Tel. Nos. (078) 304-2047; (078) 846-4863

REGION VIII Cor. Maharlika and Apitong Barangay 92 6500 Tacloban City Telefax No. (053) 321-3903; (053) 321-3904

REGION III 3rd Flr., Kehyeng Bldg. McArthur Highway, Dolores 2000 San Fernando, Pampanga Tel. No. (045)961-4830 Telefax No. (045) 961-8577 REGION IV 3rd Flr. Kian Seng Bldg. 4000 San Pablo City Tel. No. (049) 562-5415

CALBAYOG CITY SUB- OFFICE Calbayog City Terminal Calbayog City, Western Samar Telephone No. (055) 209-3726 REGION IX JMS Bldg Nunez Ext. 7000 Zamboanga City Telefax. No. (062) 993-0735; Telephone No. (062) 993-2869

CALAPAN SUB-OFFICE Desk Office Mindoro Provincial Capitol Complex Calapan, Oriental Mindoro PALAWAN SUB-OFFICE AVT Mission Center St. Joseph the Worker Village 5312 Taytay, Palawan REGION V ANST Bldg., Wahington Drive 4500 Legaspi City Telefax No. (052) 820-5131

PAGADIAN CITY SUB – OFFICE Gatas District, Pagadian City Zamboanga del Sur Tel. No. (062) 215-2856 REGION X 2nd Flr., Ong’s Building Cor. Yacapin Ext & Pres. Roxas St. 9000 Cagayan de Oro City Telefax No. (0882) 272-45-25; (088) 851-1519 ILIGAN CITY SUB-OFFICE Sabaya St., Iligan City Tel. No. (063) 221-5627

NAGA CITY SUB-OFFICE PICPA Bldg., City Hall Justice Magsaysay Avenue 4400 Naga City Tel. No. (054) 811-5412 REGION VI Iloilo Sports Complex La Paz, Iloilo City Tel. No. (033) 329-2282 BACOLOD CITY SUB-OFFICE NOBC Bldg., Gatuslao St. 6500 Bacolod City Telefax No. (034) 435-3140

REGION XI Trinity II Building, Quimpo Blvd. 8000 Davao City Tel No. (082) 298-3749; Telefax No. (082) 298-2233 REGION XII Prime Regional Government Center (PRGC XII) Brgy. Carpenter Hill, Koronadal City Tel. No. (083) 228-22-12; (083) 228-6348 CARAGA 2nd Flr., CAP Bldg. J.C. Aquino cor. J. Rosales Ave. 8600 Butuan City Tel. Nos. (085) 815-2247; (085) 342-5280

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